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I am on H-4, planning to apply for an H1B in 2014. Can my husband transfer to a company B while my H1B application in processing?

16 Dec 2013
Posted at 14:51h in FAQs by

Answer:

Yes, the H-1 primary could file to change companies even while the H-4’s COS to H-1 is pending. It may get a little confusing, as the H-4’s COS would normally reference the H-1s current I-94 information. So, the USCIS may send an RFE if they realize that the H-1 is no longer employed by the same employer. But, there are options to coordinate this type of situation and RFEs can be answered with proof that the H-1 has maintained status throughout. (16.Dec.2013)

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